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Prof. Burningham – September 28 – Irwin Toy, 1989 SCC


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The Chief Justice and Lamer and Wilson JJ.

Preamble – (0:00:37)

One: The Relevant Legislative and Constitutional Provisions – (0:01:07)

Six: Whether sections 248 and 249 Limits Freedom of Expression as Guaranteed by the Canadian and Quebec Charters – (0:03:34)

B: The First Step - Was the Plaintiff's Activity Within the Sphere of Conduct Protected by Freedom of Expression? – (0:03:44)

C: The Second Step - Was the Purpose or Effect of the Government Action to Restrict Freedom of Expression? – (0:08:22)

a: Purpose – (0:09:03)

b: Effects – (0:11:05)

c: Sections 248 and 249 – (0:12:57)

D: Summary and Conclusion – (0:15:20)

Seven: Whether the Limit on Freedom of Expression Imposed by sections 248 and 249 Is Justified Under section 9.1 of the Quebec Charter or section 1 of the Canadian Charter – (0:17:43)

B: Whether sections 248 and 249 Are too Vague to Constitute a Limit Prescribed by Law – (0:17:56)

a: Confusion and Contradiction – (0:18:15)

b: Judicial Discretion – (0:19:37)

D: Whether the section 1 and section 9.1 Materials Justify Banning Commercial Advertising Directed at Persons Under Thirteen Years of Age – (0:21:36)

a: Pressing and Substantial Objective – (0:21:45)

b: Means Proportional to the Ends – (0:26:53)

one: Rational Connection – (0:26:56)

two: Minimal Impairment – (0:27:58)

three: Deleterious Effects – (0:38:23)

c: Conclusion – (0:39:26)


Beetz and McIntyre JJ, dissenting – (0:39:48)

Preamble – (0:39:55)

The Importance of Freedom of Expression – (0:40:17)

Section 1 – (0:41:19)

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